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NACIREMA OPERATING COMPANY v. VIRGINIA

141 F.Supp. 792 (1956)

NACIREMA OPERATING COMPANY, Inc. v. THE Steamship VIRGINIA and Rederi A/B Virginia and Beviara Steamship Company, Inc.

United States District Court S. D. New York.

January 3, 1956.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, Proctors for claimant Tallman Bissell, New York City, of counsel.

Dow & Symmers, New York City, Proctors for libellant William A. Wilson, New York City, of counsel.

SUGARMAN, District Judge.

The fundamental question posed by this motion to dismiss the libel as to the S.S. Virginia in rem is whether the libelant made reasonable effort to ascertain whether the one ordering the stevedoring, for which recovery is sought, had authority to bind the ship.

Captain Astrom deposes that he "was never asked by anyone on behalf of the stevedore regarding the charter party relationship between the owner and the charterer of...

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